The Second Department affirmed specific performance of a real-property sale after the buyers established readiness, willingness, and ability to close and the sellers raised no factual dispute.
The Second Department reduced a SORA designation from level three to level two because prosecutors identified no aggravating factor omitted from the risk instrument.
The Second Department held that an attempted-murder defendant was not entitled to a DVSJA resentencing hearing because his submissions did not corroborate domestic abuse at the time of the offense.
The Second Department upheld seizure of a gun seen in plain view after a plate database inquiry on an illegally parked vehicle indicated the plates might be stolen.
The First Department affirmed Scaffold Law summary judgment where an unsecured beam fell from above, holding that the accident itself showed inadequate elevation protection.
The First Department held that a foreclosed owner lacked standing to attack post-sale bid assignments and that a nonparty purchaser could seek possession under RPAPL 221.
The First Department upheld NYC DOT’s renewal of competitively bid contracts without a new fair-and-reasonable-price finding, deferring to a rational reading of procurement rules.
The First Department dismissed a contract suit against a Chinese toy manufacturer because a later Toy Fair conversation was neither purposeful New York business nor the source of the earlier breach.
The First Department reinstated conversion and restitution claims over a $2 million unauthorized wire used for a New York property investment, despite commingling and asserted recipient innocence.
The First Department reinstated a former portfolio manager’s claim for advancement of legal expenses under fund agreements that expressly survived the end of service.
The First Department held that an LLC agreement’s express no-third-party-beneficiary clause barred an affiliated consultant’s contract claim but allowed quantum meruit to proceed.
The Court of Appeals held that postplea statements did not trigger the narrow Lopez preservation exception because the defendant never moved to withdraw or vacate her plea.
The Court of Appeals held that Penal Law justification may apply when prosecutors prove child endangerment through the defendant’s use of force and ordered a new trial.
The Court of Appeals removed a town justice after racially biased remarks, adverse credibility findings, prior cautions, and a continuing failure to appreciate the effect on public confidence.
The First Department vacated a custody order entered on default where a Florida mother cited safety fears, death threats, and inability to travel, and the child had long lived exclusively with her.
The First Department affirmed termination of a father’s parental rights based on abandonment and permanent neglect after sporadic contact, refusal of services, and no feasible plan for children living with grandparents.
The First Department granted a plumber’s assistant summary judgment under Labor Law § 240(1) after he fell from sidewalk level into a below-ground entranceway while working beside an inadequate barrier.
The First Department enforced a discrimination order against a New York clothing business that refused an online sale for a same-sex wedding, rejecting jurisdictional and First Amendment defenses.
The First Department reinstated class claims alleging fixed reletting and lease-break fees unlawfully circumvent New York landlords’ nonwaivable duty to mitigate damages.
The First Department reinstated a City Human Rights Law retaliation claim, finding factual questions whether a $1.5 million NDA arbitration was intended to punish a former campaign employee for suing.
The Court of Appeals held that Kaleida Health’s self-insurance plan covered an on-call physician and qualified as insurance or equivalent coverage for allocating a malpractice settlement among carriers.
The Court of Appeals held that decades of exclusive maintenance supported summary judgment granting adverse-possession title to half of a private access road, over a dissent warning that shared use and permission presented factual disputes.
The Second Department dismissed claims against a notary and title company after an impostor conveyed another person’s property using identification that was not obviously false.
The Second Department ordered a new motor-vehicle liability trial, holding that a jury could find fault and that crash-damage photographs were probative of what drivers should have seen.